Search results for "Lex mercatoria"

Legal questions on financial market abuse

2015

Purpose – The purpose of this study is to underline the impact that globalization of financial markets has on national punishment policies. The US financial crisis has strongly affected consumers’ lives, but the focus of this research is on the national provisions against the illegal and unfair behaviour of economic actors, with special regard to a phenomenon that took place abroad, but whose effects came to light in many different countries. Design/methodology/approach – Different methodological approaches, both deductive and inductive, are combined in the present paper, together with comparative and philosophical insights on national Court decisions and scholar writings. Findings – As Eu…

Le dialogue juge - arbitre dans la création et l'application de normes juridiques

2017

The relations between state and arbitral justice, which were previously conflictual, have now clearly calmed down. Indeed, judges today are maintaining a constructive dialogue with arbitrators, which has led to both the creation and the application of transnational law. This communication thus reviews the main phases of this normative construction, whose completion has led to the strengthening of arbitration in these functions of international commercial justice.

language and law in international business law

2009

The relationship between language and law is clearly apparent in international organizations. More specifically, international commercial relations show a field of analysis still remains wide clearing. The choice of language is very widely, in international trade, depending on the wish of the parties. The question of free choice is central to the study of the relationship between language and law. But the choice of language is often done without consideration of legal risks, particularly the consequences as regards the implementation and interpretation of the contract. The language issue is generally treated only as incidental, accidental, although it is necessary to comply with a certain n…

Sentence arbitrale. Droit applicable au fond du litige, Arbitre tenu de statuer en droit, Litige réglé « selon les seuls usages du commerce internati…

1992

International audience; (Civ. 22 oct. 1991, Compania Valenciana de Cementos Portland SA, inédit)

Les règles matérielles internationales, Cours de l'Académie internationale de La Haye

2007

Lex mercatoria, civil law e common law, nel processo di unificazione del diritto privato marittimo internazionale. Il "Caso Canada".

2009

The essay deals with the problem of the unification of international maritime law by virtue of maritime international customary rules (lex mercatoria maritima). The first part focuses on the underpinnings of the application of customary international law in different countries and, in particular, in Italy and France, then on the evolution of international maritime law as a mixed legal system, drawing from civil law sources, even in England. The second part of the essay deals with the problem of unification of maritime law in Canada, which, as a mixed legal system, owing to the existence of a civil law system in the Province of Québec, could be observed as a “laboratory” of the relationship …